Lake Como City Zoning Code
§ 17-10.6
Nonconforming Buildings and Uses.
[Ord. No. 90-535; Ord. No. 99-662; Ord. No. 2010-842]
a.
Existence and Continuance. At the date of adoption of this chapter, any lot, building or structure which has been and is still being used for a purpose which does not conform to the requirements of the particular zone where the lot, building or structure is situated and which use is lawful and properly licensed, if required, and is not prohibited by any other existing ordinance of the Borough or any statute of the State of New Jersey or the United States of America, the use may be continued, subject to other provisions contained in this section and any change of title or possession shall not affect the continuance of such existing use. The existing use may be continued as aforesaid, provided further however, that:
1.
No nonconforming lot shall be further reduced in size.
2.
No nonconforming building shall be enlarged, extended or increased, unless such enlargement would tend to reduce the degree of non-conformance.
3.
No nonconforming use may be expanded.
4.
No structural alterations or changes shall be made to any building, accessory building, garage or structure containing a nonconforming use.
5.
No structural alterations shall be made in any building or structure containing a nonconforming use, to change such a building or structure to another or an additional nonconforming use.
6.
No building shall be constructed upon a conforming lot which lot contains a nonconforming building or use.
c.
Abandonment. A nonconforming use shall be adjudged abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of a tenant or owner. Such use shall not thereafter be reinstated and the structure shall not be reoccupied, except in conformance with this chapter.
The provisions of this subsection shall refer to the actual use and to the use indicated by the form and construction of the building or structure.
d.
Unsafe Buildings. Nothing in this section shall be construed so as to prevent the strengthening or restoration to a safe and lawful condition of any part of a building or structure declared to be unsafe or unlawful by the Building Official, Chief of the Fire Department or other duly authorized Borough official.
e.
Change of Location. No nonconforming use of any portion of a lot, building or structure may be moved to any other part or parcel of land upon which the same was conducted at the time of the adoption of this chapter.
f.
Restoration. If any nonconforming building or structure shall be partially destroyed or damaged by reason of windstorm, fire, explosion or other act of God or the public enemy, repairs and restoration of such nonconforming building or structure shall take place within one year from the date of such destruction and damage. Complete restoration must be achieved within one year of commencement of repairs or restoration. Otherwise such resumption and continuance of the nonconforming usage shall not be permitted.
g.
Alteration. Upon application to the Board after notice to property owners and residents within two hundred (200) feet of the affected property, as provided by the Municipal Land Use Law of the State of New Jersey, a nonconforming building structure may be altered (but not enlarged or extended) during its life, to an extent not exceeding in aggregate 10% of the recorded true value, as appraised in the records of the tax assessor of the Borough, unless the building is changed to a building conforming to the requirements of this chapter.
h.
Construction Approved Prior to Chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit and the ground story framework of which, including the second tier of beams, shall have been completed within six (6) months of the date of the permit and which entire building shall be completed according to such plans as filed within one year from the date of adoption of this chapter.
i.
District Changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any non-conforming uses existing therein or created thereby.
j.
Lots and Structures.
1.
Whenever title to two or more contiguous lots is held by the same owner, and one or more of said individual vacant lot (lots) should, by reason of exceptional shallowness, topographical conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, even if the said lot (lots) is part of a subdivision which has not been developed for 10 years, the contiguous lot (lots) of said owner shall be considered as a single lot.
2.
Any existing lot on which a building or structure is located and which lot does not meet the minimum lot size, or a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief provided: (a) the existing use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question; (b) the permitted building coverage is not exceeded; (c) the accessory building and/or addition do not violate any other requirements of this chapter such as, but not limited to, height, setback and parking; (d) the property owner has filed a zoning permit application with the Building Department which the zoning reviewer has determined meets the requirements in this chapter.
[Amended 9-19-2023 by Ord. No. 2023-10]